Stay Expires in Fla. Right-To-Die Case

[bear425]

5 minutes ago Top Stories - AP


By VICKIE CHACHERE, Associated Press Writer

DUNEDIN, Fla. - A Florida appeals court cleared the way Tuesday for the husband of a severely brain-damaged woman to remove the feeding tube that has been keeping her alive for 15 years.



The 2nd District Court of Appeal offered no specific instructions in a one-page mandate issued in the case of Terri Schiavo. That means Michael Schiavo could order his wife's tube removed within hours of the appeals court action, which ended the last judicial stay blocking the tube's removal.


Terri Schiavo's parents, Bob and Mary Schindler, were seeking an emergency stay from a Pinellas County judge in hopes of keeping their daughter alive long enough for them to file additional legal pleadings in the case. It would likely take several days for Terri Schiavo to die if the tube is pulled.


More:
http://story.news.yahoo.com/news?tmpl=story&cid=514&e=3&u=/ap/20050222/ap_on_re_us/brain_damaged_woman

[OldLeftieLawyer]

1. That's what they've needed - the mandate

The parents will petition lower courts to rule on crappy motions they filed two years ago, trying to get her husband removed as her guardian. The court will deem those motions moot - as they well should - and the tube will be removed.

And that bastard Jeb Bush better keep his goddamned hands off of this one this time.

Godspeed, Mrs. Schiavo. Your husband loves you right to the end.

[bear425]

3. Yes, Godspeed...

Always good to have the living will papers complete.

[OldLeftieLawyer]

7. Everyone needs an.....

..... executed Health Care Power Of Attorney.

And, as I always do when this topic comes up, I offer, free of charge, with free attendant legal guidance, a copy of the most comprehensive Health Care Power of Attorney extant.

I know. I was on the committee hired by the preeminent senior citizen lobbying group in the United States to draft just this sort of document.

So, anyone who wants a copy, please feel free to PM me, leave me your email address, and I'll send you a Word file containing all that you need.

It's even virus-free.

;)

[bear425]

14. Excellent offer!

I just had our papers re-done recently and there is another one that should be added, here in Florida. It's the HIPAA certification form for release of medical documents for the purpose of decision making.

I think that's really good of you to offer that service to us Du'ers. Thanks!

[qanda]

2. I have mixed feelings about this

I wouldn't want to live like Terri Schiavo, but I would trust my mother to do the right thing and not some man who has moved on with his life.

[movonne]

4. Sorry, but not in this case....the mother is wrong, wrong and wrong.

We would put are animals to sleep if they were in a coma for l5 years and that would be the right thing to do...why should a person be made to live like this, it is not like this just happened, but l5 years..she is not going to come out of it.

[classof56]

11. I just posted a probably too-long message agreeing with you.

I notice that SCOTUS is going to take on Oregon's death with dignity law. The one we passed--not once but twice. States rights aside (thank you very much, Republicans), I believe this is an issue between patient and physician, and as so many have pointed out, no one is forcing anyone to do this. I have a feeling how the decision is going to come down. Ashcroft's parting shot at our personal freedoms.

[classof56]

5. Just wondering what the right thing would be for you.

My mother--God rest her soul--lost her daughter (my sister) in a traffic accident quite a few years ago, a terrible shock for all of us. It then became incumbent upon me (not a burden, hope you understand) to care for my mother until she left us a couple years ago, having outlived my sister by about 28 years. Mother never quite recovered from the loss, but I believe she would not have wanted my sister or me kept alive by artificial means for so many years. My sister would never have wanted that, nor would I. Courage takes many forms. Sometimes letting go takes the most courage of all. I don't judge others' actions but do try to understand and empathize with what people are going through. Terry Schiavo's husband has every right to move on with his life, IMO. As the previous poster noted, this is a classic example of why it's important to have one's final wishes written down so there's no doubt in anyone's mind what we want to happen in such a terrible circumstance. I have a living will, advanced directive and power of attorney for health care on file, as required by law in my state. I just hope and pray everyone will honor them.

Sorry to ramble on. Such an emotional case.

[bear425]

Well said.

I have the same documents, for that very purpose. I am not legally married and want to be sure my wishes are upheld. It's too bad that the Schiavo's didn't have the papers for extra clarification, however, since they are legally married - they didn't need them.

[qanda]

12. I agree with everything you said

It's a very emotional case and I have mixed feelings, not absolute or concrete feelings. I try to see things from both sides and cannot say for sure what I would do, but what I think I would do.

[Modem Butterfly]

6. Not me

My mom is WAAAYY too emotional to make a decision like that. I was sixteen when her mother was dying of Alzheimer's and the doctor asked us if we wanted to withhold sustenance. My mother looked at me with tears in her eyes and asked me what we should do.

My mother says that she understands I don't want to linger in a coma or vegetative state. But I know she would never make the decision to "pull the plug" on her own. That's why I have a living will and my partner has durable power of attorney.

[Tempest]

8. She's not alive in any sense of the word

She needs machines to keep her breathing and fed.

She's dead for all practical purposes and is only being kept "alive" by man's creations, machines.

[barb162]

18. but her mom says she is not a veg; that she communicates on some

basic level. I don't know, I just don't know.... Beside that, her ex-husband didn't seem to want her best interests at heart re some insurance money.

[Crazy8s]

23. She can breath on her own,

and she is not in a coma, she is in a 'persistant vegetive state'. Thus, she does respond to others at times with eye contact, grimaces, smiles, etc. Despite her self-deluded parents hopes, she has no chance to recover. She will never again taste a cheeseburger, smell a flower, be able to enjoy a good book or have even a simple conversation. Those parts of her that might don't exist anymore. I work in a nursing home and have seen such cases and I've never seen a recovery.

While I feel for her parents, who don't want to let go of what is left of their daughter, I feel more for the person she was, who I'm sure would not want to live in such a state of nothingness. I have no animosity for her husband, who has rightly moved on with is life, but has not forgotten her. She has lingered in limbo long enough.

[OldLeftieLawyer]

9. Then you should stay with your mother.

Marry her, if you can.

Because he didn't die that day - his wife did, for all practical purposes, and if you're so ready to condemn a man for being human, all the while fighting for what he knew his wife wanted, then you clearly would never trust a spouse.

Good luck with love, kid.

[Fridays Child]

13. Isn't he, in effect, remarried? Why is he allowed...

...to remain as Terri's guardian?

[Quakerfriend]

16. How exactly right you are!

Terri S.is the aunt of a lady I work with. There was a lot about Terri's husband from the very start that was suspect, and no one in the family ever believed for one second that he had her interests at heart.

And, there has even been speculation that he had something to do with her 'accident'.

So sad! But, I do believe that she will finally be at peace now.

[barb162]

19. I have heard this kind of thing about that guy...last person on the

planet you need as a "guardian"

[zipplewrath]

17. You can't have it both ways

This is a difficult case for sure. The old quote, "There are no winners..." is very apt. However, in this age of values and "sanctity" of marriage, it would seem incumbent upon the very crowd fighting the husband, to in fact support the husband in this case. In the old, drippy, sappy, wedding song that has been played virtually daily since it's first performance, the line goes; "And a man should leave his mother, and a woman leave her home. And they shall travel on to where the two shall be as one." Old concepts sure, and a bit dated as well. But all in keeping with the legal, moral, and ethical basis we we all as a society have maintained our wedding traditions and our marital law. When you get married, you are now basically a single entity in the eyes of the law. It is the basis for much of the tax law. It is why in many states the wife is "entitled" to half of the assets in a divorce.
So it would seem the very crowd that pushes the "sanctity" of marriage would be outraged that the state, and a Governor would choose to step between a man and his wife. The man went through the courts and established within the eyes of the law that he, and he alone, knew his wife's mind, the other half of the entity to which he belong. "The two shall be as one". Let no man put asunder. The woman left her home. For the state to intercede would seem to be the ultimate "blasphemy" of the marriage, not two guys kissing.

You can't have it both ways. They are either "joined in Holy Matrimony", or it is just a legal status in which the state gets to piddle around.

[kskiska]

10. Last week, Ron Reagan expressed his opinion

A blonde bimbo guest on his show was arguing very emotionally about how they wanted to "starve" Terri Schiavo. Reagan interrupted her to ask, "How long would you want to live in her condition?" She wouldn't answer, but kept babbling on. He then asked her, "Have you ever been at a deathbed? I have, and I'll tell you that a person at the end of their life NEVER eats or drinks. Ever."

[bear425]

15. ***breaking***Judge just stayed the removal of the feeding tube

Don't know any other details, but local CBS just broke in.

[barb162]

20. I think it is through tomorrow evening

[gizmo1979]

21. I wouldn't be able to do this.

I could do it if the person died within minutes of going off life support,but this could take a week,and you don't know what kind of pain you are putting this person through.I'am sure it's probably for the best but I couldn't do it.

[kdogg3232]

22. The moral of this sad story.....

...is to definitely make sure that you have you end of life wishes expressly written. After seeing what this poor woman and her entire family have gone through, everyone should make sure that their living will is in order. I think they are making a terrible mistake by letting the husband make the ultimate decision, however. It's my understanding that he'll inherit over a million dollars (from the victim's medical malpractice settlement) when his wife dies. He's also moved on and has two kids with another woman. I really don't think that someone who has such a HUGE financial interest in the death of his "former" wife should have a say in whether she lives or dies. It's a tragic situation, and personally, I wouldn't want to live like that. However, I think we should err on the side of caution (keeping her alive) when there isn't a written will.